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HomeMy WebLinkAbout06-17-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 17, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on June 17, 2024 and called to order at 3:18 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Darius Linton Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Johnny Beatty Commissioner Spencer Jabbia Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Mayor Pro-Tem A. J. Turner Councilmember Chris Durio Councilmember Mike Getz Also present: Sharae Reed, City Attorney Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on May 20, 2024. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ June 17, 2024 JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of June 17, 2024 to order at 3:20 p.m. and explained the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 1) PZ2024-109: Request for a Specific Use Permit and Rezoning from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district to allow an automotive paint and body shop. Applicant: Bret Floy Location: 3480 Benchmark Drive Mrs. Luckey presented the staff report. Bret Floy is requesting a Rezone with a Specific Use Permit to allow an automotive repair, paint and body shop to be located at 3480 Benchmark Drive. The subject property is located at the southeast corner of Benchmark and through to French Road. The lots to be rezoned from RM-M (Residential Multiple Family- Medium Density) to GC-MD (General Commercial Multiple-Family Dwelling) are along the southern boundary of the development and will mostly be used for parking. Rezoning this property to GC-MD or a more restrictive zoning district would be consistent with the adjoining zoning district, and will require a landscaped buffer to surrounding residential properties. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: $ 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and and/or aO\\WbO`g!aSeS`!W\[^`\]dS\[S\\ba)!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!:Wbgia!POQYTZ\]e! pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6$ $ Planning Commission $$$ June 17, 2024 Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and five (5) in opposition. Mrs. Luckey read the responses in opposition and stated that the response in favor of the request had no comments. This request received protest from the property owners comprising 26% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." A representative of the applicant was present. Melissa Hernandez, 2019 Knights Court, Allen, Texas addressed the Commission. She stated that it is the intent of the owner to construct a quality project and will comply with the recommended conditions. Ms. Hernandez further stated the 18- 20 staff members will be employed by Caliber Collision. She also stated that Caliber Collision is one of the largest collision centers in the nation with over 1,700 locations and is well versed in the procedures and requirements to divert any operational hazards. Ms. Hernandez further stated that nced \\\]!dSVWQZSa!eWZZ!PS!dWaWPZS!T`\]\[!bVS!ab`SSb!Oa!bVSg!eWZZ!PS!Q\]\\bOW\\SR!eWbVW\\!O\\!5i!e\]\]RS\\!TS area with landscape buffers. She also stated that all parts, materials, and equipment will be stored within an enclosed building. Ms. Hernandez stated that all repair activities will be conducted indoors in an area containing insulated walls and exterior doors closed. She further stated that noise studies have been conducted indicating that noise level from the facility during peak hours is equivalent to an average restaurant conversation, or 65 decibels. Ms. Hernandez also stated that paint mixing room fans will run continuously. She stated that exhaust filter materials for particle emissions with an exceptional removal efficiency rating will be used, along with other environmental protection measures. Brief discussion followed concerning size of the proposed structure and future expansion of the business. Ms. Hernandez stated that she is willing to accept as a condition that no future development is to take place on the rezoned portion of the property. The public hearing on this item as opened. Holly Guilbeau, 3280 French Road, Beaumont, Texas addressed the Commission. She stated that she is the owner of 3280, 3260, and 3285 French Road. Ms. Guilbeau further stated that she objects to the request due to chemicals being involved. She then read a prepared statement. Ms. Guilbeau stated that she has noise level, environmental and health concerns with pollutants being emitted near residences and a neighboring school. She further stated that residents of her rental properties also have environmental, health, and noise level concerns. Ms. Guilbeau stated that these concerns may affect her ability to rent the properties in the future. Chairman Nejad moved to allow Ms. Guilbeau to exceed the three minute limit and continue speaking. Commissioner Javed seconded the motion. The motion to approve the request carried 6:0. 7$ $ Planning Commission $$$ June 17, 2024 Ms. Guilbeau continued by stating that additional traffic along French Road could present a safety hazard. She again stated that she has environmental, quality of life and property value concerns should the request be granted. Ms. Guilbeau further requested that the Planning Commission and City Council take the concerns of the existing residents into consideration. Robert Dunham, 4180 Delaware Street, Suite 301, Beaumont, Texas addressed the Board. He stated that he represents Southeast Texas Classic Real Estate which owns ten (10) acres north and northeast of 3480 Benchmark Drive. Mr. Dunham stated the Southeast Texas Classis Real Estate objects to the proposed rezoning change to GC-MD (General Commercial-Multiple Family Dwelling) District in that the request does not meet the City ordinance definition of GC-MD. He further quoted City ordinance definitions and explained the reasoning for objection to the rezoning request. Mr. Dunham also stated the rezoning should be changed to an RCR (Residential Conservation Revitalization) District in order to be consistent with single family revitalization zoning that is established for the property located immediately across the street. Brief discussion was had relating to ownership of the property. Joshua LeBlanc, 3440 Eastex Freeway, Beaumont, Texas addressed the Commission. He stated that he is in favor of the request and RSdSZ\]^\[S\\b!\]T!bVS!^`\]XSQb!eWZZ!PS!Q\]\\aWabS\\b!eWbV!bVS!:Wbgia! long term goals. Mr. LeBlanc further stated that he does not feel that traffic will be an issue along French Road. Mr. LeBlanc also stated that environmental issues are not a problem as there is proposed facility. He further stated that the O\\\]bVS`!`S^OW`!aV\]^!Z\]QObSR!eWbVW\\!.)---i!\]T!bVS! landscaping requirement is appropriate and that Caliber Collision will be a good neighbor. The representative of the applicant was given an opportunity to speak in rebuttal. Ms. Hernandez stated that she understands the concerns of the neighbors. She further stated that studies have been conducted noting that the air quality will be unchanged and that spills will be contained within the facility with OSHA and EPA requirements being followed for waste materials. She further stated that the rezoning request is for the use of parking storage, not the building itself. The public hearing on this item was closed. Further discussion followed concerning ownership of the property. City Attorney Reed stated that it appears ownership has been transferred since the last meeting of the Commission and verification of ownership is required prior to issuance of permits. The public hearing on this item was reopened. Joshua LeBlanc, 3440 Eastex Freeway, Beaumont, Texas addressed the Commission. He stated that the property owner is Eastex Plaza, Inc. and he serves as an Officer of the Board of Directors. Mr. LeBlanc further stated that Sheri K. DelMage, whose name appears on the revised application, is President of Eastex Plaza, Inc. He also stated that the original application was submitted by someone associated with the developer and, in the process of reviewing the contract, it was determined that the property owner should sign the application. Mr. LeBlanc stated that submittal of the revised application corrected the matter. 8$ $ Planning Commission $$$ June 17, 2024 The public hearing on this item was closed. Brief discussion followed concerning the landscaping buffer )!bVS!5i!e\]\]RS\\!TS\\QS!`S_cW`S\[S\\b)! and the dust generated by the facility. Commissioner Jabbar moved to approve the request for a Specific Use Permit and Rezoning from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District or a more restrictive district to allow an automotive paint and body shop, as requested in PZ2024-109, with the following amended conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and aO\\WbO`g!aSeS`!W\[^`\]dS\[S\\ba)!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!:Wbgia!POQYTZ\]e!O\\R,\]`! pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. Commissioner Senigaur seconded the motion. The motion to approve the request carried 5:1 (Noyola). 2) PZ2024-119: Request for a Specific Use Permit to allow a duplex with an RS Residential Single Family Dwelling) zoning district. Applicant: Cornell Price Location: 221 Parkway Drive Mrs. Luckey presented the staff report. Cornell Price of Price Homes, is requesting approval of a Specific Use Permit to allow the construction of a duplex at 221 Parkway Drive. The intent of the duplex, is to provide more housing options to the area and promote infill development. M1F45?8! 8QQ\]`RW\\U!b\]!\]c`!:Wbgia!:\]\[^`SVS\\aWdS!HZO\\!bVS!^`\]^S`bg!Wa!Z\]QObSR!eWbVW\\!bVS! Area Such areas are built up areas which are generally characterized by good to excellent )NM structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public 9$ $ Planning Commission $$$ June 17, 2024 infrastruThis 6FGD8)!3464AF!C4D68?E!I<=6<!@4K!8J=EF!4D8!:BB7!FB!8J68??8AF!78H8?BC@8AF!E=F8E)N! `S_cSab!O^^SO`a!b\]!OZWU\\!eWbV!\]c`!:Wbgia!:\]\[^`SVS\\aWdS!HZO\\!\]T!9SOc\[\]\\b+ $ Slides of the site plan and subject property were shown. Staff recommended approval of the request, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or aSeS`!aS`dWQSa)!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!:Wbgia!POQYTZ\]e)!^`S FOG program. Construction plans shall comply with all applicable Fire and Building Code requirements. 62$$ Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was originally present, but could not be located for presentation of this item. Chairman Nejad moved to table the request to the next meeting for a Specific Use Permit to allow a duplex within an RS (Residential Single Family Dwelling) zoning district, as requested in PZ2024-119, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or aSeS`!aS`dWQSa)!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!:Wbgia!POQYTZ\]e)!^`S FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Commissioner Noyola seconded the motion. The motion to table the request to the next meeting carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:59 P.M. :$ $